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BROOKS v. SOUTHERN NAT. CORP.

No. COA97-1193.

505 S.E.2d 306 (1998)

Riley BROOKS, Individually and on Behalf of Others Similarly Situated, Plaintiff, v. SOUTHERN NATIONAL CORPORATION, Successor in Interest to BB & T Financial Corporation, Branch Banking and Trust Company, John A. Allison IV, Robert Roach, Mark G. Collins and Rebecca S. Price, Defendants.

Court of Appeals of North Carolina.

October 6, 1998.

Attorney(s) appearing for the Case

Smith, Follin & James, L.L.P. by Norman B. Smith, J. David James, and Margaret Rowlett, Greensboro; and Baker & Boyan, P.L.L.C. by Walter W. Baker, Jr., High Point, for plaintiff-appellant.

Arnold & Porter by Alexander E. Bennett, Washington, DC; and Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Reid L. Phillips, Greensboro, for defendant-appellees.

HORTON, Judge.

Defendants originally complained that this matter was not properly before us for decision since none of plaintiff's claims have been finally determined, but withdrew their objection prior to oral argument in light of the decision of our Supreme Court in DKH Corp. v. Rankin-Patterson Oil Co., Inc., 348 N.C. 583, 500 S.E.2d 666 (1998).

Plaintiff does not contend he actually exhausted any available administrative...

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